Do Malaysian judges have absolute immunity from civil suits?

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Malaysian judges do not possess absolute immunity from civil suits.

Malaysian judges are afforded a qualified immunity from civil proceedings for acts performed in their judicial capacity. This protection, as outlined in Section 14(1) of the Courts of Judicature Act 1964, shields judges from liability for anything done or ordered in the discharge of their judicial duties, provided they acted in good faith and believed they had jurisdiction to do so. However, this immunity is not absolute and can be challenged under specific circumstances.
Qualified Immunity for Judicial Officers

The immunity granted to judges and other judicial officers is explicitly described as qualified. This means it is contingent upon certain conditions being met, primarily the element of good faith in the execution of their duties. The protection extends to actions taken within the scope of their judicial responsibilities, even if those actions later fall outside the strict limits of their jurisdiction, as long as the belief in having such jurisdiction was held in good faith at the time.
Circumstances for Piercing Judicial Immunity

Judicial immunity can be overcome when a judicial officer acts with mala fides, ultra vires, or without jurisdiction. "Mala fides" refers to acting in bad faith or with malicious intent, while "ultra vires" signifies acting beyond the legal power or authority granted. In essence, if a judge’s decision or action is found to be driven by improper motives, exceeds their mandated powers, or is made without any legal basis for jurisdiction, the shield of immunity can be invalidated.
Legislative Intent and Judicial Intervention

Legislative provisions for statutory immunity for public officers, including judges, consistently include a crucial rider: the requirement of good faith in the exercise of powers or discretion. This indicates that the legislature never intended for this protection to be absolute. As observed in the Rosli bin Dahlan v Tan Sri Abdul Gani bin Patail & Ors case, when statutory power is exercised incorrectly, it becomes the courts' duty to intervene. This principle applies even to prosecutorial discretion, which is not absolute and can be subject to judicial review if abused or exercised for improper purposes.

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Do Malaysian judges have absolute immunity from civil suits?

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